While the ruling sets a dangerous precedent for freedom of information, the judgment confirms previous reporting on convicted “trans” rapists

Overview

The judge has issued a ruling in Andrea Kelly’s motion to intervene against the ACLU’s attempts to prevent the lawful public disclosure of records about male transfers into Washington State female correctional facilities. Judge Thomas Rice, who expressed clear indications from the beginning of the case that he sympathizes with the ACLU’s attempts to protect males transferred into women’s prisons, denied the motion to intervene and removed Kelly from the lawsuit - but not before Ms. Kelly obtained critical information from the Department of Corrections as part of the DOC’s court filings in this lawsuit.

The court records revealed the answers to many of the questions our client sought to obtain from the Washington State Department of Corrections through her Public Records Act Request, and also corroborated whistle-blower reports from local radio station KIRO-FM that a serial rapist is now being housed in the Washington Correctional Center for Women. However, the judge also granted an injunction against the public release of the responsive documents.

These records confirm our suspicion that the ACLU of Washington is seeking to suppress public records requests which prove that male rapists are being housed with vulnerable women in Washington prisons, and that there are official complaints of sexual assault by these men from within the prison.

Background

In March of 2021, local radio station KIRO-FM ran a story that included the claim that, “A half dozen men have been transferred to the Washington Correctional Center for Women, according to an employee at the facility.”  According to their reporting, the whistleblower also revealed that a male inmate with a history of sexual violence had raped a female prisoner upon arriving at the women’s facility. 

Among those transferred to the women’s facility were Donna (né Douglas) Perry, who was convicted of serially murdering victims of prostitution, and Hobbie Bingham (who now goes by “Princess Zoee Marie Andromeda Love”). Bingham was convicted of raping a 12-year old girl.

These reports prompted multiple Public Records Requests from the media, as well as from our client, who submitted her PRA request on March 10 (view the full case timeline).

The Washington Public Records Act guarantees that citizens have the right to access public records, and requires the government to respond to requests within five days. Only personal student or patient information, employee files, and some investigative records are exempt. 

The request asked for documents pertaining to:

1. A complete and accurate count of inmates who identify as transgender (gender identity differs from sex identified at birth) in the custody of the Washington Department of Corrections [please break this information down by location]

2. Number of inmates that have been transferred from a men’s facility to a women’s facility since January 01, 2021

3. Total number of male persons who identify as female, non-binary, or any other gender identity that are currently housed in a women’s facility

4. Number of inmates who have transferred from a women’s facility to a men’s facility from January 01, 2021 to March 18, 2021

5. Number of female persons who identify as male, non-binary or any other gender identity that are currently housed in a men’s facility

In the following weeks, the ACLU of Washington and Disability Rights Washington (DRW) filed a lawsuit to prevent the release of documents requested by our client and members of the press. The ACLU claimed this was necessary for the “safety” of their clients who were supposedly at risk in the women’s prisons. 

What the Records Reveal

Although the judge has granted an injunction preventing the full release of the responsive records, the information in the judgment itself confirms the reporting of KIRO-FM. 

In a list of responsive documents identified by the DOC (documents that answer the questions from the PRA requests), the records reveal the following:

• Number of inmates that have been transferred from a men’s facility to a women’s facility since January 01, 2021: 3

• Total number of male persons who identify as female, non-binary, or any other gender identity that are currently housed in a women’s facility: 7

• Number of inmates who have transferred from a women’s facility to a men’s facility from January 01, 2021 to March 18, 2021: 0

• Number of female persons who identify as male, non-binary or any other gender identity that are currently housed in a men’s facility: 1

The DOC records also confirm that there are prison infraction records and PREA (Prison Rape Elimination Act) records against several men who are currently housed in women’s prisons, including 309 pages of infraction records for a particular male inmate. However, the federal Judge has decided that none of those documents can be released to the public under the PRA, pending the Judge’s final rulings on the ACLU’s claims that releasing these records would violate the male prisoners’ privacy rights. 

Judgment Sets a Dangerous Precedent 

Despite the information obtained from the court record, the decision and logic of the judgment itself create a dangerous new precedent. WoLF has obtained descriptions of the responsive documents listed in the court record, including PREA complaints against violent male sexual offenders who have raped and terrorized women both in and out of prison. However, the judge has enjoined us from releasing these documents, citing his concern for the “safety” of the male prisoners.

From the beginning of this case, The Honorable Judge Rice has shown a blatant disregard for the safety, dignity, and human rights of women — treating both female prisoners and our client with outright contempt. 

The decision has invented a new, completely fictional, exception to the Washington Public Records Act, and the state has failed to meet its legal obligation to release the records to the public. 

In fact, our client still has not received a response to her first request: “A complete and accurate count of inmates who identify as transgender (gender identity differs from sex identified at birth) in the custody of the Washington Department of Corrections [please break this information down by location].”

In an ACLU webinar hosted last week, ACLU lawyer and spokesperson Chase Strangio named WoLF as an “enemy,” and claimed that the public records requested by our client were an "excuse to hype up a false sense of some sort of safety crisis,” "FOIA abuse," and "the ultimate gaslighting."

But Judge Rice and the ACLU have all read the same documents we have — which prove that male rapists are being admitted to women’s prisons under “gender identity” policies and raping women in these facilities. However, throughout the course of the case, both the judge and the ACLU have pretended that they do not know this, that women’s concerns about being housed with these men are unfounded, and that the male rapists and murderers are the real victims in this case. This, in fact, is the ultimate gaslighting.

What’s Next?

WoLF is committed to fighting the ACLU’s attack on freedom and women’s rights at every turn. In the coming weeks, we plan to announce our next legal action to protect the rights and dignity of incarcerated women. We’re continuing our fight in the courts, and forcing the ACLU and gender ideologues across the country to stand up and defend their attack on women. 

Please consider donating to WoLF in support of our legal efforts to defend women’s rights and freedom. 

Case Background: